9/8. The Recording Industry Association of
America (RIAA) announced that its member companies have filed complaints in
U.S. District Courts against more than 250 individuals asserting copyright
infringement in connection with their distribution of copyrighted sound recording
on peer-to-peer (P2P) networks. The RIAA further announced that this is "the
first wave of what could ultimately be thousands of civil lawsuits against major
offenders".

The RIAA also announced that "the industry is prepared to grant what amounts
to amnesty to P2P users who voluntarily identify themselves and pledge to stop
illegally sharing music on the Internet. The RIAA will guarantee not to sue file
sharers who have not yet been identified in any RIAA investigations and who
provide a signed and notarized affidavit in which they promise to respect
recording-company copyrights."

RIAA President Cary Sherman stated that "when your product is being regularly
stolen, there comes a time when you have to take appropriate action. We simply
cannot allow online piracy to continue destroying the livelihoods of artists,
musicians, songwriters, retailers, and everyone in the music industry."

The RIAA also stated that "Federal law and the federal courts have been
quite clear on what constitutes
illegal behavior when it comes to ``sharing´´ music files on the Internet. It is
illegal to make available for download copyrighted works without permission of
the copyright owner. Court decisions have affirmed this repeatedly. In the
recent Grokster decision, for example, the court confirmed that Grokster users
were guilty of copyright infringement. And in last year's Aimster decision, the
judge wrote that the idea that ``ongoing, massive, and unauthorized distribution
and copying of copyrighted works somehow constitutes `personal use´ is specious
and unsupported.´´"

9/8. The White House press office issued a
release that states that President
Bush "designated Robert D. McCallum, Jr., of Georgia, to be Acting Deputy Attorney
General, Department of Justice. McCallum currently serves as Associate Attorney
General." Deputy Attorney General is an executive branch office that
requires Senate confirmation.

The President does not "designate" the Deputy Attorney General. The
Constitution, at Article II, Section 2, provides that "he shall nominate, and by
and with the Advice and Consent of the Senate, shall appoint ... and all other
officers of the United States ..."

On June 27,
2003, the Senate confirmed McCallum (at right) to be the Associate
Attorney General, the third highest position at the DOJ. He was previously
Acting Associate Attorney General, and before that, Assistant Attorney General
in charge of the DOJ's Civil Division. And before that, he was a partner in the
law firm of Alston & Bird, which is
based in Atlanta, Georgia.

The Attorney General is in charge of the Department of Justice (DOJ). The
Deputy Attorney General is the second position. McCallum, if confirmed as Deputy Attorney General, would replace Larry
Thompson, who, like McCallum, is from Atlanta, Georgia. See, story titled
"Atlanta Lawyers at DOJ" in TLJ Daily E-Mail Alert No. 711, August 5, 2003.

Sen. Charles Grassley
(R-IA), a senior member of the
Senate Judiciary Committee, has a dispute with the DOJ regarding oversight
procedures, and access to records. He has been placing holds in the Senate on
top DOJ nominations. For example, on July 30, 2003, he placed a hold on the
nomination of Christopher Wray to be an Assistant Attorney General in charge of the DOJ's
Criminal Division.

Sen. Grassley stated that "I have several outstanding written requests before
the Department of Justice. Some of these requests are more than 6 months
overdue. In addition, I am presently working with the Department of Justice to
overcome a number of procedural issues directly affecting my ability, as a
member of the Judiciary Committee to, among other things, conduct oversight of
the Department of Justice, and the Federal Bureau of Investigations." See,
Congressional Record, July 30, 2003, at S10258.

Also, on August 1, 2003, Sen. Grassley placed a hold on the nomination
of Daniel Bryant to be an Assistant Attorney General in charge of the
Office of Legal Policy (OLP). See,
Congressional Record, August 1, 2003, at S10898.

More People and
Appointments

9/8. The Department of Homeland Security (DHS)
announced that David Bolka "has assumed the position of Director of the
Homeland Security Advanced Research Projects Agency (HSARPA) for the
Department's Office of Science and Technology". HSARPA is the external research
funding arm for the DHS. Bolka previously worked for
Lucent Technologies. Before that, he worked
for AT&T's Bell Laboratories. Before that, he worked at the
Naval Sea Systems Command as a Major
Project Manager for Submarine Combat Systems. And before
that, he was a career officer in the U.S. Navy.

9/8. Federal
Communications Commission (FCC) Chairman
Michael Powell named
Christopher Libertelli to be his Senior Legal Advisor. He replaces Bryan
Tramont. Powell recently named Tramont FCC Chief of Staff. Libertelli is
currently one of Powell's Legal Advisors. He handles wireline competition issues,
unbundled network element rules, and broadband services issues.
Before that, he was Special Counsel for Competition Policy in the Office of the
Bureau Chief of the Wireline Competition Bureau
(WCB), and an attorney-advisor in the Policy Division. Before that, he was an
attorney at the law firm of Dow Lohnes & Albertson. See, FCC
release [PDF]

9/8. Michael Powell also named Sheryl
Wilkerson to be his Legal Advisor for wireless and international issues.
Bryan Tramont (at right) had previously handled wireless, international,
consumer and technology issues. She previously worked in legislative affairs at
ArrayComm.
Before that, she worked at the FCC lobbying the Congress. She has also worked
for the House Commerce Committee, the Senate Commerce Committee,
National Strategies, Inc.,
the Washington DC law firm of Leventhal Senter
& Lerman, and the lobbying firm of Wexler Reynolds Fuller Harrison & Schule
(now Wexlar and Walker).

9/8. Tony Fratto was named Deputy Assistant Secretary of Public
Affairs at the Treasury Department. He has
worked in the Department's Office of Public Affairs since March of 2001. Before
that, he worked for the Bush Cheney 2000 campaign. See,
release.

The FCC adopted this NAL on August 6, 2003, but did not announce or release
it until September 8. See, FCC
release. In
addition, in April of 2003 the FCC found that Verizon Maryland violated its
interconnection requirements under
47 U.S.C. § 251. See, FCC
release [PDF].

FCC Commissioners Jonathan Adelstein and
Michael Copps wrote in a
separate statement [PDF] that "This is yet another illustration of
how the Commission has fallen short of its statutory duties under Section 272.
We need to do more to ensure that our oversight is of the kind and character
that Congress intended."

They elaborated that "Through Section 272, Congress required Bell companies to provide
long distance and manufacturing services through a separate affiliate. In
implementing these requirements, the Commission concluded that Congress adopted
these safeguards because it recognized that Bell companies might still exercise
market power at the time they enter long-distance markets. As part of these
safeguards, Congress specifically required that Bell companies retain an
independent auditor to review separate affiliate operations and produce a public
report evaluating how they comply with the statute and the Commission's rules.
Congress also provided that the long distance separate affiliate requirements
would continue for three years, but could be extended by the Commission by rule
or order."

The FCC allowed Verizon's Section 272 requirement to sunset three years after
it was permitted to offer in region interLATA services in New York. The present
NAL is subsequent to that sunsetting. Adelstein and Copps wrote that "This
review takes place more than seven months after the Commission
allowed the sunset of the New York Section 272 separate affiliate. This is
backwards."

7th Circuit Rules in Cell Tower Case

9/8. The U.S.
Court of Appeals (7thCir) issued its
opinion
[33 pages in PDF] in VoiceStream
v. St. Croix County, a cell tower case in which the Court of Appeals
affirmed the District Court's summary judgment in favor of the county denying
VoiceStream's request to construct a cell tower.

VoiceStream Minneapolis (now T-Mobile)
provides personal communications
services (PCS) in several states, including Wisconsin. It applied to the Board
of Adjustment of the County of St.
Croix, in Wisconsin, for a special exception
permit to construct and operate a telecommunications tower. The county refused.

Subsection 332(c)(7)(B)(i) provides, in part, that "The regulation of the placement,
construction, and modification of personal wireless service facilities by any State or local
government or instrumentality thereof ... shall not prohibit or have the effect
of prohibiting the provision of personal wireless services."

Subsection 332(c)(7)(B)(iii) provides that "Any decision by a State or
local government or instrumentality thereof to deny a request to place, construct,
or modify personal wireless service facilities shall be in writing and supported by
substantial evidence contained in a written record."

The District Court granted summary judgment
to St. Croix, finding that its denial was supported by substantial evidence and
that VoiceStream had failed to demonstrate that St. Croix's decision had the
effect of prohibiting personal wireless services. The Appeals Court affirmed on
both issues.

This case is VoiceStream Minneapolis, Inc. v. St. Croix County, No.
02-2889, an appeal from the U.S. District Court for the Western District of
Wisconsin, D.C. No. 01 C 504, Judge Barbara Crabb presiding.

More News

9/8. The Federal Communications Commission
(FCC) published a
notice in the Federal Register that describes and recites its proposed rule
regarding human exposure to radiofrequency (RF) energy. This notice also sets
deadlines for public comments. Comments are due by December 8, 2003. Reply
comments are due by January 6, 2004. The FCC adopted this notice of proposed
rulemaking on June 12, 2003, and released it on June 26, 2003. This is ET Docket
No. 03-137. For more information, contact Robert Cleveland in the FCC's Office
of Engineering and Technology at 202 418-2422 or
robert.cleveland@fcc.gov. See,
Federal Register, September 8, 2003, Vol. 68, No. 173, at Pages 52879 - 52889.

Tuesday, September 9

Recent additions are highlighted in red.

The House will meet at 12:30 PM for morning hour,
and at 2:00 PM for legislative business. Votes will be postponed until
6:00 PM. The House will resume its consideration of
HR 2989,
the "Transportation, Treasury, and
Independent Agencies Appropriations Act for Fiscal Year 2004". See,
Republican Whip Notice.

9:00 AM - 3:00 PM. The
Executive Office of the President's (EOP)
Office of Science and Technology Policy's (OSTP)
President's Council of Advisors
on Science and Technology (PCAST) will meet. The agenda includes (1)
discussion of the status of the work of its workforce education
subcommittee, (2) discussion of the preliminary draft findings of its
information technology manufacturing competitiveness subcommittee, and (3) a
continuation of its discussion of nanotechnology and its review of the federal
National Nanotechnology Initiative. See,
notice in the Federal Register, August 27, 2003, Vol. 68, No. 166, at
Pages 51577 - 51578. Location: Room 100 of the National Academy of Sciences
Building, 500 5th Street, NW.

5:00 PM. The House
Rules Committee will meet to adopt a rule for consideration of
HR 2622,
the "Fair and Accurate Credit Transactions Act of 2003". The bill addresses,
among other topics, identity theft. Location: Room H-312, Capitol Building.

Wednesday, September 10

The House will meet at 10:00 AM for legislative business.
The House may take up
HR 2622,
the "Fair and Accurate Credit Transactions Act of 2003". See,
Republican
Whip Notice.

10:00 AM. The House Judiciary
Committee will meet to mark up several bills, including
HR __, a bill to authorize appropriations for the
Department of Justice (DOJ) for fiscal
years 2004 and 2005. The meeting will be webcast. For more information,
contact Jeff Lungren or Terry Shawn at 202 225-2492. Location: Room 2141,
Rayburn Building.

10:30 AM - 12:00 NOON. The U.S. International Telecommunication Advisory
Committee (ITAC) will meet to discuss the matters related to the International
Telecommunications Union's (ITU) World
Summit on the Information Society (WSIS), which will take place on
December 10-12, 2003, in Geneva, Switzerland. See,
notice in the Federal Register, August 18, 2003, Vol. 68, No. 159, at
Pages 49536 - 49537. Location: Historic National Academy of Science Building,
2100 C St., NW.

12:00 NOON. Deadline to submit written comments to the
U.S. Trade Representative's (USTR)
interagency Trade Policy Staff Committee (TPSC) to assist it in preparing its
annual report to the Congress on the People's Republic of China's compliance
with the commitments that it made in connection with its accession to the
World Trade Organization (WTO). See,
notice in the Federal Register, July 21, 2003, Vol. 68, No. 139, at Pages
43247 - 43248.

4:00 PM. Josef Drexl (Max Planck Institute for Intellectual Property,
Competition, and Tax Law) will give a lecture titled "The Role of
International Private Law in Establishing a Competition-Oriented International
Copyright System". For more information, contact Robert Brauneis at 202
994-6138 or rbrauneis@law.gwu.edu.
Location: George Washington University Law School, Faculty Conference Center,
5th Floor, Burns Building, 716 20th Street, NW.

Thursday, September 11

The House will meet at 10:00 AM for legislative business.
The House may take up
HR 2622,
the "Fair and Accurate Credit Transactions Act of 2003". See,
Republican
Whip Notice.

9:30 AM. The House Commerce
Committee's Subcommittee on Telecommunications and the Internet will hold
a hearing on
HR 2898, the "E-911 Implementation Act of 2003". See,
notice. The event will be webcast. Location: Room 2322, Rayburn Building.

Deadline for claimants to royalty fees collected for calendar year 2001
under the cable statutory license to submit comments and notices of intention
to participate to the Copyright Office
regarding whether a Phase I or Phase II controversy exists as to the
distribution of those fees. See,
notice in the Federal Register, August 13, 2003, Vol. 68, No. 156, at
Pages 48415 - 48417.

The U.S. Patent and Trademark Office's
(USPTO) final rule amending its rules to separate the provisions for patent
matters and trademark matters with respect to filing correspondence,
requesting copies of documents, payment of fees, and general information takes
effect. The USPTO is "amending its Rules of Practice in Patent Cases to delete
all references to trademark matters, and amending its Rules of Practice in
Trademark Cases to add new rules setting forth provisions for corresponding
with and paying fees to the Office in trademark cases, and for requesting
copies of trademark documents." See,
notice in the Federal Register, August 13, 2003, Vol. 68, No. 156, at
Pages 48286 - 48293.

Deadline to submit comments to the
LOCAL Television Loan Guarantee Board regarding the proposed regulation to
implement the LOCAL Television Loan Guarantee Program, as authorized by the
Launching Our Communities' Access to Local (LOCAL) Television Act of 2000. The
purpose of the Act is to facilitate access to signals of local TV stations in nonserved
areas and underserved areas. The Act establishes a LOCAL Television Loan
Guarantee Board to approve guarantees of up to 80% of loans totaling no more
than $1.25 Billion. The regulation proposes to establish eligibility and
guarantee requirements, the application and approval process, the
administration of guarantees, and the process through which the Board will
consider applications under the priority considerations required in the Act. See,
notice in the Federal Register, August 15, 2003, Vol. 68, No. 158, at Pages
48814 - 48833. See also, Treasury
release.

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